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Filing # 191352385 E-Filed 02/06/2024 12:58:26 PM
IN THE CIRCUIT COURT OF THE 7
JUDICIAL CIRCUIT IN AND FOR
FLAGLER COUNTY, FLORIDA
NINA ZHIGIN AND SERGEY ZHIGIN, CASE NO.: 2024 CA 000076
Plaintiffs,
V.
UNIVERSAL PROPERTY
& CASUALTY INSURANCE COMPANY,
Defendant.
i
PLAINTIFFS’ NOTICE OF SERVICE OF FIRST INTERROGATORIES TO
DEFENDANT
COME NOW, Plaintiffs, NINA ZHIGIN AND SERGEY ZHIGIN, through the
undersigned counsel, and hereby file their First Set of Interrogatories to Defendant,
UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, to be answered in
writing and under oath within forty-five (45) days after service hereof as provided by Florida
Rule of Civil Procedure 1.340.
[Certificate ofService on Following Page]
Page 1 of 9
Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 02/06/2024 04:08 PM - DIN: 7
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a certified copy of the foregoing has been served on Defendant.
KANNER & PINTALUGA, P.A.
Attorneys for Plaintiffs
2020 Ponce De Leon, PH2
Coral Gables, FL 33134
Phone: (561) 424-0032
Fax: (866) 641-4690
Court Phone Number: (1-888) 824-7834
Email:
By: /s/ Priscilla Perez-Gomez
PRISCILLA PEREZ-GOMEZ ESQ.
Florida Bar No.: 1018936
Page 2 of 9
PLAINTIFFS’ FIRST INTERROGATORIES TO DEFENDANT
1. What is your name, address, and, if you are answering for someone else, your official
position or relationship with the party to whom the interrogatories are directed?
Answer:
2. Describe any and all policies of insurance which you contend cover or may cover the
allegations set forth in Plaintiffs’ complaint, detailing as to such policies the name of the
insurer, the number of the policy, the available limits of liability, and the name and
address of the custodian of the policy.
Answer:
3. Please state if you contend the loss as alleged in the complaint is not covered under the
subject insurance policy as referenced in the complaint. If so, please state the specific
language in the insurance policy that you are relying upon as well as the facts to support
this policy language.
Answer:
4. Please state with specificity any conditions precedent or subsequent to the Plaintiffs’
claims that you contend have not been fulfilled by the Plaintiffs, if any exist.
Answer:
Page 3 of 9
5. Please state if any payments have been made for the claim as referenced in the complaint
to and/or on the behalf of the Plaintiffs. If any payments have been made, please state the
date of the payments, who the payments were made to and the basis for the payments.
Answer:
6. State separately the facts upon which you rely on for each affirmative defense in your
Answer to the Plaintiffs’ Complaint.
Answer:
7. List the names, addresses and telephone numbers of all persons who are believed or
known by you, your agents, or your attorneys to have any knowledge concerning any of
the issues in this lawsuit, and specify the subject matter about which the witness has
knowledge.
Answer:
8. Please state the amount of covered damages Defendant estimated for the subject
insurance claim prior to the initiation of this action. If no number was estimated, please
state the basis for such.
Answer:
Page 4 of 9
9. Please provide a list of the names and current addresses of any and all individuals
employed by or agents of the Defendant who were in any way involved with the handling
of Plaintiffs’ claim, including those individuals who inspected, photographed or
otherwise visited the subject property for any purpose after the subject date of loss but
prior to the institution of this litigation. Please also provide a short statement of the
persons knowledge and involvement.
Answer:
10. Please state any and all dates Defendant provided the subject insurance policy to
Plaintiffs and/or Plaintiffs’ representative. State how the policy was provided and who
the policy was provided.
Answer:
11. For any and all policy defenses which you reasonably believe are available with regards
to the claim made by the Plaintiffs herein: Describe in detail the factual and legal basis
for any such defenses and give complete names, residence addresses, business addresses,
and telephone numbers of each person believed or known by you, your agents or
attorneys, to have knowledge of the facts which would provide the basis for any such
defense.
Answer:
12. For each denied or withheld payment for the subject claim listed above, please state in
detail the legal ground and the factual basis upon which the claim was denied, the exact
wording of any applicable policy provisions, and the exact wording of any statutory
language or case law upon which you base your denial or withholding of payment.
Answer:
Page 5 of 9
13. Please state the name of any individual who inspected Plaintiffs’ property for the subject
claim number, the date(s) of the inspection(s), the qualification(s) of the individual(s), the
opinions reported back to the Defendant, the amount of times the Defendant has hired
these individual(s) in the past 3 years and the amount of money the Defendant has paid
these individuals and/or these individuals companies in the last 3 years.
Answer:
14. Please state if any permits are necessary in order to complete the repairs the Defendant
estimated for the subject claim number. If Defendant claims permits are not necessary,
please state the basis for this opinion.
Answer:
15. State the name and address of every person known to you, your agents, or your attorneys
who has knowledge about or possession, custody, or control of any estimate of damage,
model, plat, map, drawing, motion picture, video tape, or photograph pertaining to any
fact or issue involved in this controversy; and describe as to each, what item such person
has, the name and address of the person who took or prepared it, and the date it was taken
or prepared.
Answer:
16. Please state if any person who inspected the subject property for the insurance claim as
referenced in the complaint prepared any sort of report. If so, please state the date the
report was prepared, who prepared the report, the conclusions of the report, if you are
claiming the report is not discoverable, the basis for claiming the report is not
discoverable and if you relied upon the report in making a coverage determination for the
subject insurance claim.
Answer:
Page 6 of 9
17. Please state how the amount of recoverable depreciation was calculated for the subject
claim. If any formulas, calculations and/or documents were relied upon, please
specifically state what these were and who is in possession of them so that they can be
requested in discovery.
Answer:
18. Please state the date that you received notice of this claim, who reported the claim and
what specifically was reported.
Answer:
19. If you claim you were unable to pay Plaintiffs’ claim because you had insufficient
information or the notice of claim did not have sufficient support, state: When you first
realized that you had insufficient information, each and every effort made by you to
obtain the needed information, when you informed the Plaintiffs of the need for further
information and when you gave up trying to obtain the needed information.
Answer:
20. Please state if the subject insurance policy was provided to the Plaintiffs and/or the
Plaintiffs’ representatives anytime during the time period of the subject claim being
reported until the filing of this action. If the subject insurance policy was not provided
during this time period, please state the basis for not providing the subject insurance
policy.
Answer:
Page 7 of 9
21. Please state if Plaintiffs and/or Plaintiffs’ representatives requested the subject insurance
policy prior to the initiation of this action. If so, please state the date Defendant received
this request and the date Defendant complied with the request for the subject insurance
policy
Answer:
22. Please state if overhead and profit was paid for the subject claim and the amount. If it was
paid, please state how it was calculated and the basis for payment. If it was not paid,
please state the basis for not paying it and cite to the provision in the insurance policy
that overhead and profit would not be owed for the subject claim.
Answer:
Page 8 of 9
Jurat Page
Dated , 2024.
Signature of Agent for Defendant
STATE OF
COUNTY OF
SWORN AND SUBSCRIBED before me in the aforesaid County and State, the
undersigned authority, by means of LU) physical presence or UL online notarization, this
day of ; 2024, the Agent for Defendant
, who deposed and stated that the information contained in
the foregoing Answers to Interrogatories is true and correct, to the best of his/her knowledge and
belief.
Notary Public
Commission No.
(Name of Notary typed, printed or stamped)
My commission expires:
Page 9 of 9
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Filing # 191352385 E-Filed 02/06/2024 12:58:26 PM IN THE CIRCUIT COURT OF THE 7 JUDICIAL CIRCUIT IN AND FOR FLAGLER COUNTY, FLORIDA NINA ZHIGIN AND SERGEY ZHIGIN, CASE NO.: 2024 CA 000076 Plaintiffs, V. UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. i PLAINTIFFS’ NOTICE OF SERVICE OF FIRST INTERROGATORIES TO DEFENDANT COME NOW, Plaintiffs, NINA ZHIGIN AND SERGEY ZHIGIN, through the undersigned counsel, and hereby file their First Set of Interrogatories to Defendant, UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, to be answered in writing and under oath within forty-five (45) days after service hereof as provided by Florida Rule of Civil Procedure 1.340. [Certificate ofService on Following Page] Page 1 of 9 Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 02/06/2024 04:08 PM - DIN: 7 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a certified copy of the foregoing has been served on Defendant. KANNER & PINTALUGA, P.A. Attorneys for Plaintiffs 2020 Ponce De Leon, PH2 Coral Gables, FL 33134 Phone: (561) 424-0032 Fax: (866) 641-4690 Court Phone Number: (1-888) 824-7834 Email: By: /s/ Priscilla Perez-Gomez PRISCILLA PEREZ-GOMEZ ESQ. Florida Bar No.: 1018936 Page 2 of 9 PLAINTIFFS’ FIRST INTERROGATORIES TO DEFENDANT 1. What is your name, address, and, if you are answering for someone else, your official position or relationship with the party to whom the interrogatories are directed? Answer: 2. Describe any and all policies of insurance which you contend cover or may cover the allegations set forth in Plaintiffs’ complaint, detailing as to such policies the name of the insurer, the number of the policy, the available limits of liability, and the name and address of the custodian of the policy. Answer: 3. Please state if you contend the loss as alleged in the complaint is not covered under the subject insurance policy as referenced in the complaint. If so, please state the specific language in the insurance policy that you are relying upon as well as the facts to support this policy language. Answer: 4. Please state with specificity any conditions precedent or subsequent to the Plaintiffs’ claims that you contend have not been fulfilled by the Plaintiffs, if any exist. Answer: Page 3 of 9 5. Please state if any payments have been made for the claim as referenced in the complaint to and/or on the behalf of the Plaintiffs. If any payments have been made, please state the date of the payments, who the payments were made to and the basis for the payments. Answer: 6. State separately the facts upon which you rely on for each affirmative defense in your Answer to the Plaintiffs’ Complaint. Answer: 7. List the names, addresses and telephone numbers of all persons who are believed or known by you, your agents, or your attorneys to have any knowledge concerning any of the issues in this lawsuit, and specify the subject matter about which the witness has knowledge. Answer: 8. Please state the amount of covered damages Defendant estimated for the subject insurance claim prior to the initiation of this action. If no number was estimated, please state the basis for such. Answer: Page 4 of 9 9. Please provide a list of the names and current addresses of any and all individuals employed by or agents of the Defendant who were in any way involved with the handling of Plaintiffs’ claim, including those individuals who inspected, photographed or otherwise visited the subject property for any purpose after the subject date of loss but prior to the institution of this litigation. Please also provide a short statement of the persons knowledge and involvement. Answer: 10. Please state any and all dates Defendant provided the subject insurance policy to Plaintiffs and/or Plaintiffs’ representative. State how the policy was provided and who the policy was provided. Answer: 11. For any and all policy defenses which you reasonably believe are available with regards to the claim made by the Plaintiffs herein: Describe in detail the factual and legal basis for any such defenses and give complete names, residence addresses, business addresses, and telephone numbers of each person believed or known by you, your agents or attorneys, to have knowledge of the facts which would provide the basis for any such defense. Answer: 12. For each denied or withheld payment for the subject claim listed above, please state in detail the legal ground and the factual basis upon which the claim was denied, the exact wording of any applicable policy provisions, and the exact wording of any statutory language or case law upon which you base your denial or withholding of payment. Answer: Page 5 of 9 13. Please state the name of any individual who inspected Plaintiffs’ property for the subject claim number, the date(s) of the inspection(s), the qualification(s) of the individual(s), the opinions reported back to the Defendant, the amount of times the Defendant has hired these individual(s) in the past 3 years and the amount of money the Defendant has paid these individuals and/or these individuals companies in the last 3 years. Answer: 14. Please state if any permits are necessary in order to complete the repairs the Defendant estimated for the subject claim number. If Defendant claims permits are not necessary, please state the basis for this opinion. Answer: 15. State the name and address of every person known to you, your agents, or your attorneys who has knowledge about or possession, custody, or control of any estimate of damage, model, plat, map, drawing, motion picture, video tape, or photograph pertaining to any fact or issue involved in this controversy; and describe as to each, what item such person has, the name and address of the person who took or prepared it, and the date it was taken or prepared. Answer: 16. Please state if any person who inspected the subject property for the insurance claim as referenced in the complaint prepared any sort of report. If so, please state the date the report was prepared, who prepared the report, the conclusions of the report, if you are claiming the report is not discoverable, the basis for claiming the report is not discoverable and if you relied upon the report in making a coverage determination for the subject insurance claim. Answer: Page 6 of 9 17. Please state how the amount of recoverable depreciation was calculated for the subject claim. If any formulas, calculations and/or documents were relied upon, please specifically state what these were and who is in possession of them so that they can be requested in discovery. Answer: 18. Please state the date that you received notice of this claim, who reported the claim and what specifically was reported. Answer: 19. If you claim you were unable to pay Plaintiffs’ claim because you had insufficient information or the notice of claim did not have sufficient support, state: When you first realized that you had insufficient information, each and every effort made by you to obtain the needed information, when you informed the Plaintiffs of the need for further information and when you gave up trying to obtain the needed information. Answer: 20. Please state if the subject insurance policy was provided to the Plaintiffs and/or the Plaintiffs’ representatives anytime during the time period of the subject claim being reported until the filing of this action. If the subject insurance policy was not provided during this time period, please state the basis for not providing the subject insurance policy. Answer: Page 7 of 9 21. Please state if Plaintiffs and/or Plaintiffs’ representatives requested the subject insurance policy prior to the initiation of this action. If so, please state the date Defendant received this request and the date Defendant complied with the request for the subject insurance policy Answer: 22. Please state if overhead and profit was paid for the subject claim and the amount. If it was paid, please state how it was calculated and the basis for payment. If it was not paid, please state the basis for not paying it and cite to the provision in the insurance policy that overhead and profit would not be owed for the subject claim. Answer: Page 8 of 9 Jurat Page Dated , 2024. Signature of Agent for Defendant STATE OF COUNTY OF SWORN AND SUBSCRIBED before me in the aforesaid County and State, the undersigned authority, by means of LU) physical presence or UL online notarization, this day of ; 2024, the Agent for Defendant , who deposed and stated that the information contained in the foregoing Answers to Interrogatories is true and correct, to the best of his/her knowledge and belief. Notary Public Commission No. (Name of Notary typed, printed or stamped) My commission expires: Page 9 of 9